IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09.03.2026 CORAM:

THE HONOURABLE MR. JUSTICE SENTHILKUMAR RAMAMOORTHY and A.No.822 of 2025

1.Mr.A.D.Padmasingh Isaac, Proprietor, Aachi spices and Foods, Old No.4, New No.181/1, 6th Avenue, Thangam Colony, Anna Nagar, Chennai – 600 040.

2.Aachi Masala Foods Private Limited, No.1926, 34th Street, I Block, Ishwarya Colony, Anna Nagar West, Chennai – 600 040 represented by its Director Mr.Ashwin Pandian 3.M/s.Flora Foods, A Partnership Firm No.1926, 34th Street, I Block, Ishwarya Colony, Anna Nagar West, Chennai – 600 040 represented by its Partner Mrs.Thelma Isaac .. Plaintiffs vs Sri Aachi Mess, Near Toll Plaza, Py-Pass, Ulundurpet – 606 107. .. Respondent Plaint filed under Order IV Rule 1 of Original Side Rules and Order VII Rule 1 of C.P.C. read with Sections 27(2), 29, 134 and

135 of the Trade Marks Act, 1999, praying for a judgment and decree on the following terms:

a. granting a permanent injunction, restraining the Defendant, by himself, his servants, agents, distributors, or anyone claiming through him from manufacturing, selling, advertising and offering for sale or providing services using the name 'SRI AACHI MESS' or any other similar Trade Mark name or similar sounding expression in any hotels, restaurant services, media, websites, mobile applications, social media platforms and internet advertising and use the same in name board, invoices, letter heads and visiting cards, websites, mobile applications, social media platforms and internet advertising or by using any other trade mark/name which is in any way visually or deceptively or phonetically similar to the Plaintiffs trade mark/name AACHI/AACHI CHETTINAD RESTAURANT/AACHI KITCHEN/AACHI NAMMA KITCHEN/ AACHI BHAVAN and use the same in pouches, packets or use the mark in invoices, letters heads and visiting cards, website and internet advertising or part of their restaurant name any other trade literature or Menu card by using any other trade mark which is in any way visually, or phonetically similar to the Plaintiffs' registered Trade Mark Nos. 838786, 1116254, 1479159, 1715718, 2965624, 5275581, 5274680 &

5446987 or in any manner infringing the 1st Plaintiffs registered Trade Marks referred herein;

b. Granting a permanent injunction restraining the Defendant by itself, its agents or servants or anyone claiming through or under him any business marketing, selling advertising using in trade literature, menu cards, invoices, name boards, websites, mobile applications, social media platforms and internet advertisements the mark/name 'SRI AACHI MESS' in relation to the Restaurant services or with respect to or any other food preparation or on any other business the impugned trademark/name which is in any manner deceptively or phonetically confusingly similar to the Plaintiffs Trade Mark/name AACHI/AACHI CHETTINAD RESTAURANT/AACHI KITCHEN/AACHI NAMMA KITCHEN/AACHI BHAVAN or in any other manner pass off their hotel, business or goods as and for that of the Plaintiffs;

c. Directing the Defendant to surrender to the Plaintiffs all the packing material, cartons, advertisement materials and hoardings, letter- heads, visiting cards, office stationery and all other materials containing/bearing the name 'SRI AACHI MESS' or other identical trade mark used in the pouches and packets bearing the word AACHI/AACHI CHETINAD RESTAURANT/AACHI KITCHEN/AACHI NAMMA KITCHEN/AACHI BHAVAN;

d. Directing the Defendant to render an account of profits made by them by the use of the impugned trademark 'SRI AACHI MESS' on the service referred and decree the suit for the profits found to have been made by the Defendant, after the Defendant has rendered accounts;

e. Directing the Defendant to pay to the Plaintiffs the costs to the suit.

For Plaintiffs : Ms.Gladys Daniel for M/s.C.Daniel

JUDGMENT

This suit was filed for remedies in respect of alleged trade mark infringement and passing off by use of the impugned mark SRI AACHI MESS.

2. The suit summons was serv